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HomeMy WebLinkAboutM-95-0575�tlS��9i°y�x � d�'Nryp MIINq ►lA YgMIIsI �e VII T Vr MII�MI, rLV n1uN �•-'+���-�...�.�....«....��-.. INTER -OFFICE MEMORANDUM 94 TO : Honorable Members of OATS : May 16, 1995 FILE The C' y Commission SUBJECT : Recommendation for Accepting Proposal for Brokerage Services FROM ; Cesar H. Odio REFERENCES : City Manager ENCLOSURES: RECOMWNDATION : it is respectfully recommended that the attached Resolution accepting The Proposal of Arthur J. Gallagher and Company for furnishing insurance brokerage services be adopted. The services will be acquired at no direct cost to the City. BACKGROUND: Pursuant to City Code Section 18-102, the Self Insurance and Insurance Committee is authorized to procure coverages which are most advantageous to the City for specific risks through Commercial Insurance Policies. The procurement of these is best accomplished through an insurance brokerage firm. Therefore, Request for Proposal No. 93-94-166, to provide brokerage services was mailed to twenty-six potential proposers. In response, two proposals were received. The proposals were evaluated and ranked by a selection committee. The selection committee's criteria for selection was based on the responses to the R.F.P. and an oral interview addressing the following: A. The most appropriate staffing, personnel, resources and experience demonstrated by the Broker. B. Services the Brokers are willing to provide. C Product knowledge. D. Minority participation and acceptable Affirmative Action Plan. E. Fees and other compensation F. Firms primary location. The ranking of the two firms were as follows: Arthur J. Gallagher - Ranked #1 by all Members. Alexander & Alexander - Ranked #2 by all Members. It is, therefore, recommended that Arthur J. Gallagher's proposal be accepted as the most advantageous proposal to the City. MES/bgt 9 5 a 5175 CITY OF MIAMI, FLOE'�A PROPOSAL FORM (Cont `ued) —RFP NO. 93-94-166 MINORITY STATUS INFORMATION SHEET MINORITY CLAS,SIEICATION AND PARTICIPATION Please check one box only and complete any and all sections applicable your firm. 1. Indicate Minority/Women Classification of Business Enterprise (PROPOSER): [ J B=BLACK [ ) H=HISPANIC [ ) F=FEMALE [ ) NM=NON-MINORI 2. If ONE OF THE FOLLOWING, give details of Minority/Women Participati within firm(s), or as it may apply to this Proposal, if awarde Indicate Minority/Women Classification of each company: A. JOINT VENTURE: Provide information regarding Minority/Women fir participating and the extent of participation. % of Doll B. SUBCONTRACTORS: Provide information regarding Minority/Women fii participating and the extent of participation. $ of Dot' Firm Name Business Address Contract Amos [ ] _ C. SUPPLIERS: Provide details regarding Minority/Women firms t: supply you with goods or services; state the extent. 95- 575 � '.."0` 4" CITY OF MIAMI, FLORIDA PROPOSAL FORM (Continued) RFP NO. 93-94-166 i This questionnaire is to be submitted to the designated City i Office by the proposer, along with the proposal being submitted for the goods and/or services required by City. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None"., or "Not Applicable"', as appropriate. L I C E N S E S 1. County. or Municipal Occupational License No. (if any) Not Applicable (Attach copy) 2. State License No. (if any) : 263-70-1832 & 267-68-6670 3. Occupational License Classification: Not ADnl icable 4. License Expiration Date: Not AnDI i cabl e 5. Metro -Dade County Certificate of Competency No. Not Applicable k (attach copy if requested in Proposal) I N S U R A N C E Underwriters at Lloyd's and various 6. Name of Insurance Carrier: Insurance COmDanies 7. Type of Coverage: Insurance Brokers & Agents Professional Liability Insurance B. Limits of Liability: $10,000,000 each cliam and in the aggregate, with certaii self -insured retentions and deductibles. 9. Coverage/Policy Dates: November 1. 1993 to Nov mhpr 1. 1994 10. Name of Insurance Agent: Alexander & Alexander, Inc. 11. Deductible (if any) : As indicated above 12. - Agent ' s Phone ( with area code) : (212) 973-4200 E X P E R I E N C E 13. Number of Fears your organization has been in business: 95 14. Number of Years experience PROPOSER (person, principal of firm, owner) has had in operations of the type required by the specifications of the Proposal: See Below 715. Number of Years experience PROPOSER (firm, corporation, proprietorship) has had in operations of the type required by 36 the specifications of the Proposal: PROPOSER NAME: ALEXANDER & ALEXANDER, INC. 9 5 - 5175 U FAILURE TO (�MPT.AND R):TURN THIS FORM MAy DlSniIAT TFY THIS PROF RFP NO. 93-94-166:- INSURANCE BRui<ER SERVICES i CORPORATEjCQp$�.�. STRUCTURE PRINCIPAL BUSINESS NAME OF FIRM: ALEXANDER & ALEXANDER, INC. (Identify Officers) Juan E. Beltran, Presilent Lourdes D. Arias, Asst. �!�ce PrPcir Jorge E. Andino, Vice President Carlos A. Fumagali, Asst. Vice President Juan E Beltran y BY: Typed or Printed) (Dat ) President (Signature) (Title) �, 7000 S. W. 97th Avenue, Suite 200, Miami, FL 33173 AbDRESS: TELEPHONE` #: (305) 279-7870 FAX #: (305) 279-9963 or (305) 59807441 STATE LICENSE #: 263-70-1832 & 267-68-6670 (if applicable) COUNTY LICENSE #: NSA (if applicable) CITY LICENSE # : N/A (if applicable) LICENSE TYPE : Ali Lines: Property, Casualty, Persona Life & Benefits 95— 5'75 c 44; .t1��; CITY OF MIAMI, FLORIDA RFP NO. 93-94-166 PROPOSAL FORM (Continued) IMPORTANT: PROPOSAL FORMS AND PROPOSAL ACKNOWLEDGEMENT MUST BE RETURNED IN TRIPLICATE, IDENTIFIED BY RFP NUMBER, TIME AND DATE OF RFP OPENING. IF SECURITY IS REQUIRED, A PROPOSAL WILL NOT BE ACCEPTED UNLESS THE DEPOSIT OR BOND IS SUBMITTED. NAMES OF COMPANY OWNER(S): NAMES OF COMPANY OFFICER(S): Public Company Listed On The Stock Exchange a) List principal business address: (street address) 7000 S. W. 97th Avenue, Suite 200, Miami, FL 33173 b) List all other offices located in the State- of Florida: (street address) SEE ATTACHED Name of individual holding license in this profession (if applicable): ALL INDIVIDUALS INVOLVED IN THIS PROJECT The undersigned proposer acknowledges that (s)he has received a copy of Ordinance #10062 as amended, the Minority Procurement Orinarce of the City of Miami and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. Proposer:_ Signature: Date: ALEXAPDER & ALEXWER, IN(;. ame c Print Name: JUAN E . BELTRAN Indicate if Business is S1% Minority -owned: (Check one box only) [ j BLACK [ J HISPANIC [ ] FEMALE If fine has an existing plan, effective date of implementation: 1980 If firm does not have an existing plan, the Successful Proposer(s) shall be required to establish an Affianative Action Policy, pursuant to Ordinance #10062 as amended. See Appendix I for sample. Proposer: ALE) r DER & ALEXANDER INC. Signature: anv fiamp► v 95- 5'75 CITY OF MIAMI, FLORIDA RFP NO. 93-94-166 PROPOSAL FORM (Continued) MINORITY STATUS INFORMATION SHEET MTNO rTY CLASSIFICATION AND PARTICIPATION Please check one box only and complete any and all sections applicable to your firm. 1. Indicate Minority/Women Classification of Business Enterprise (PROPOSER): [X] B=BLACK [ ] H=HISPANIC [X] F=FEMALE ( ] NM=NON-MINORITY 2. If ONE OF THE FOLLOWING, give details of Minority/Women Participation within firm(s), or as it may apply to this Proposal, if awarded. Indicate Minority/Women Classification of each company: A. JOINT VENTURE: Provide information regarding Minority/Women firms participating and the extent of participation. B. SUBCONTRACTORS: Provide information regarding Minority/Women firms participating and the extent of participation. % of Dollar [ J Minnni.o'!.. 11912 C. SUPPLIERS: Provide details regarding Minority/Women firms that supply you with goods or services; state the extent. $ of Dollaj Firm Name Business Add ess — _ Contract Amoun, yi CITY OF MIAMI, FLORIDA RFP NO. 93-94-166 PROPOSAL FORM (Continued) This questionnaire is to be submitted to the designated City = Office by the proposer, along with the proposal being submitted for the goods and/or services required by City. Do not leave any ® questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. L; I C E N S E S 1 County.or Municipal Occupational License No. (if any) N/A Attach copy) Gregory Butterfie ( Agent's License) U 2. State License No. (if any): 54(a - 4(,. 227cl 3. Occupational License Classification: Insurance and Brokerage 4 License Expiration Date: Renewed Annually -�' 5. Metro -Dade County Certificate of Competency No. 8/A L(attach copy if requested in Proposal) V=� I N S U RAN C E Underwriters at Lloyds of London 6 6 Name of Insurance Carrier: Various Companies 7. Type of Coverage: Errors 6 Ommissions 8. Limits of Liability. $5,000,000 9. Coverage/Policy Dates: 5/l/94-5/l/95 10. Name of Insurance Agent: Arthur J. Gallagher E Co. 11. Deductible (if any) : Self Insured Retention - 12 Agent's Phone ( with area code); (708) 773-3800 E X P E R I E N C E ' T 13. Number of Years your organization has been in business: 1977 1927 for -Parent Compan, 14. Number of Years experience PROPOSER 16 ears Antonio Abella (person, principal of firm, owner) has had Y in operations of the type required by t4 ears Gregory Butterfield the specifications of the Proposal: Y 9 Y 11 years tor the Florida 15. Number of Years experience PROPOSER Corporation .(firm, corporation, proprietorship) has had in operations of the type required b the specifications of the Proposal: 67yyears for the Parent Company Arthur-J. Gallagher E Co. (Florida) 9 i - PROPOSER NAME: _ _,JFAILURE TO COMPLETES SIGN. AND RETURN THIS FORM MAY DISQUALIFY THIS.PROPC M CITY OF MIAMI, FLORIDA AFP N0. 93-94-166 PROPOSAL FORM (Continued) ;j+jpORTANT: PROPOSAL FORMS AND PROPOSAL ACKNOWLEDGEMENT MUST BE RETURNED IN TRIPLICATE, IDENTIFIED BY RFP NUMBER,..-MME AND DATE OF RFP OPENING. IF SECURITY IS REQUIRED, A PROPOSAL WILL NOT BE ACCEPTED UNLESS THE DEPOSIT OR BOND IS SUBMITTED. NAMES OF COMPANY OWNER(S): NAMES OF COMPANY OFFICER(S): Gregory Butterfield Nayla Zacur Arthur J. Gallagher 6 Co. David L. Marcus Malachi Hogan G. Joseph Williams Andres Santa Antonio B. Abella William E. Nelson` Donald Miller a) List principal business address: (street address) 8355 N.W. 53rd-Street, #215, Miami, FL 33166 b) Lisa all other offices located in the State of _Florida: ( street address )1) 2255 Glades Road, #400E, Boca Raton, FL 33431 2) 440 Sawgrass Corporate Parkway Sunrise, Florida 33325 .._ �SeQ a.-klatl, eci� Name of individual holding license in this profession (if applicable) : A 1 1 ,Producing and CSR personnel The undersigned proposer acknowledges that (s)he has received a copy of Ordinance #10062 as amended, the Minority Procurement Ordinance of the City of Miami and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. Proposer: Arthur J. Gallagher 6 Co. (Flo ida) Signature: ompany name. Date: 7/22/94 Print Name: Gregory Butterfield Indicate if Business is 51% Minority -owned: (Check gile box only) [ ] BLACK [ ] HISPANIC [ ] FEMALE AFFIRMATIVE ACTION PLAN If firm has an existing plan, effective date of implementation: NONE If firm does not have an existing plan, the Successful Proposer(s) shall be required to establish an Affimative Action Policy, pursuant to Ordinance #10062 as amended. See Appendix I for sample. See Attached Proposer: Arthur J. Gallagher Co. (FL) _Equal Oportunity Rule Signature: (c :pany name). 95- 5'75 AWARD OF REP 5�15�95 RFP No. 93-94-165 ITEM: Insurance Broker DEPARTMENT: Fire Rescue TYPE QF PURCHASE: Contract REASON: To furnish insurance broker services POTENTIAL PROPOSERS: 26 RROPOSPLS RECEIVED: 2 FUNDS: Indirect Cost through commission insurance premiums paid from Acct. Code No. 620101-650. RFP EVALUATION: RFP Invitations RFP Mailed Responses ALL VENDORS 19 6 ............................ MINORITY/FEMALE (M/F) VENDORS.......... 12 2 Within City limits .................. 4 2 Registered with City ................ 8 0 Black (B) Vendors.. .... ............ 5 0 Located within City limits.......... 2 0 Registered with City ................ 4 0 Female (F) Vendors ..................... 1 0 Located within City limits...... ... 0 0 Registered with City. ............... 1 0 Hispanic (H) Vendors ................. 5 2 Located within City limits.......... 2 2 Registered with City ............. 3 0 NON -MINORITY (NM) VENDORS .............. 4 4 Located within City limits.......... 1 1 95-- 5175 %� RECOMMENDP�TION: IT IS RECOMMENDED THAT AWARD BE MADE TO ARTHUR J. GALHER & COMPANY, A NON-MINORITY/NON- LQCAL V, NDOR, nt uzrzcer RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PROPOSAL OF ARTHUR J. GALLAGHER AND COMPANY, FOR FURNISHING INSURANCE BROKERAGE SERVICES, ON A CONTRACT BASIS FOR ONE (1) YEAR, RENEWABLE AT THE CITY'S OPTION, FOR TWO ADDITIONAL ONE YEAR PERIODS AT THE SAME PRICE, TERMS, AND CONDITIONS, FOR THE DEPARTMENT OF FIRE -RESCUE, AT NO DIRECT COST TO THE CITY OF MIAMI (CITY); COMPENSATION FOR THIS SERVICE SHALL BE SUCH COMMISSIONS AS ARE PAID BY INSURANCE COMPANIES BASED ON ANNUAL PREMIUMS PAID BY THE CITY FOR- PURCHASE OF POLICIES PROCURED BY THE BROKER; ALLOCATING FUNDS THEREFOR FROM THE CITY'S SELF INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 620101-650; AUTHORIZING THE CITY MANAGER TO. ENTER INTO A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID •SERVICES, AND THEREAFTER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE SERVICES, SUBJECT TO THE AVAILABILITY OF FUNDS. WHEREAS, the City of Miami needs insurance brokerage service for the Self -Insurance and Insurance Trust Fund; and WHEREAS, said services will allow the Self -Insurance and Insurance Committee (Committee) to purchase such coverage in the event that adequate financial reserves have not been provided or an analysis of. the costs involved demonstrates that it is more economical for the City to maintain coverage for certain specific risks through commercial insurance policies; and WHEREAS, the Committee is authorized and directed to procure such coverage pursuant to City Code, Section 18-102; and 95-- 575 n WHEREAS, pursuant to public notice, sealed proposals were received on July 25, 1994, for the furnishing o-f insurance brokerage services; and WHEREAS, Request for Proposals No. 93-94-166, to provide ? these services, were mailed to twenty-six (26) Y- potential proposers and two (2) proposals were received; and WHEREAS, the proposals were evaluated and._ ranked by a selection committee which recommended that the proposal received from Arthur J. Gallagher & Company be accepted as the proposal most advantageous to the City; and WHEREAS, funds for the purchase of commercial insurance are available from the City's Self -Insurance and Insurance Trust Fund, Account Code No. 620101-650; and WHEREAS, the City Manager and the City's Self -Insurance and Insurance Trust Fund Committee recommend that the proposal received from Arthur J. Gallagher & Company be accepted as the proposal most advantageous to the City; NOW, 'THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto. and incorporated herein as if fully set forth in this Section. Section 2. The proposal of Arthur J. Gallagher & Company, for furnishing insurance brokerage services, on a contract basis for one (1) year, renewable at the City's option, z- 95- 575 r For two additional one year periods at the same price, terms, and conditions,, for the Department of Fire -Rescue, at no direct cost to the City of Miami (City), with compensation for this service to be such commissions as are paid by insurance companies based on annual premiums paid by the City for purchase of policies procured by the broker, is hereby accepted, with funds therefor hereby allocated from the City's Self -Insurance and Insurance Trust Fund, Account Code No. 620101-650. Section 3. The City Manager is hereby authorized to enter into a contract, in substantially the attached form, with Arthur J. Gallagher & Company for said brokerage services and for a term as specified in Section 2, and thereafter to instruct the - Chief Procurement Officer to issue a' purchase order for this service, subject to the availability of funds. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of , 1995. ATTEST: STEPHEN P. CLARK, MAYOR 95- 5175 w'�r 95-- 5'75 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this ____,_ day of 19 , by and between, the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as ("CITY") and ARTHUR J. GALLAGHER & COMPANY, a Florida corporation, Insurance brokerage firm, hereinafter referred to as ("CONSULTANT"). RECITALS WHEREAS, The CITY has determined that it needs the services of an insurance broker to assist the Self -Insurance and Insurance Committee hereinafter referred to as ("Committee") to purchase insurance coverage in the event that adequate financial reserves have not been provided or where an analysis of the costs involved demonstrate that it is more economical for the CITY to insure certain risks through commercial insurance; and WHEREAS, the Committee is authorized and directed to procure such coverage pursuant to City Code Section 18-102; and WHEREAS, the Committee has evaluated the responses received to RFP No. and has recommended to the City Manager that CONSULTANT be selected as the company to provide insurance brokerage services to the City; and WHEREAS, the City Commission, pursuant to Resolution No. adopted on , 19 has authorized the City Manager to execute an agreement with CONSULTANT under the terms and conditions hereinafter set forth.. NOW, THEREFORE, in consideration of the premises, the CITY and CONSULTANT agree as follows: I. TERMS The terns of this Agreement. shall be one (1) year commencing on the date this Agreement is executed by the City Manager. The CITY shall have the option to renew this Agreement for two (2) additional terms of one (1) year each by giving written notice to CONSULTANT at least 30 days prior to the expiration of the then current term. 95- 5175 17 H. SCOPE OF SERVICES The CONSULTANT's work shall be limited to, the evaluation of the CITY's property and casualty insurance coverages, the marketing of the property and casualty insurance program, placement of the property and casualty program coverages and servicing of the specific policies. placed by the CONSULTANT as requested by the CITY. ffi. CITY REQUIREMENTS The CITY is required to provide to the CONSULTANT the date necessary or reasonably requested by CONSULTANT to perform its services hereunder. IV. COMPENSATION The compensation to the CONSULTANT shall be such commissions as are paid to CONSULTANT by insurance companies based on annual premiums paid by the CITY for the purchase of policies procured by CONSULTANT at CITY's request. The CITY shall have no obligation whatsoever to pay CONSULTANT's compensation. V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of j federal, state and local governments. VI. GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein, or as the same may be changed from time to time. B. CITY shall have the right to review and audit the related records of the CONSULTANT pertaining to an payments b the CITY upon reasonable notice during P g YP Y Y P g normal business hours. l Y/ 95-- 5`75 ,u4 ARTHUR J. GALLAGHIER Captives, Associations, and'-" Pooling Division 8300 N.W: 53rd Street Suite 350. Miami, Florida 33166 VH. OWNERSHIP OF DOCUMENTS All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by CONSULTANT upon completion of the services required pursunat to Section II hereof and shall become the property of CITY, without restriction or limitation on -their use. CONSULTANT agrees that any and all documents maintained — and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes (1987). It is further understood by and between the parties that any documents which are given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by CONSULTANT for any other purpose whatsoever without the written consent of CITY, Vffi. NON-DELEGABILITY The obligation undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm., A. The minima workload to be assigned to the MINORITY PARTNER under this ,agreement is.Z.Afflof Section II Scope of Services at a compensation paid by the CONSULTANT as ag eed upon between the CONSULTANT. and the MINORITY PARTNER. IX. AUDIT RIGHTS CITY reserves the right to audit the records of CONSULTANT pertaining to any billings to CITY for time or expenses at any time ,during the performance of the Agreement and for a period of three (3) years after final payment is made under this Agreement upon reasonable notice and during normal business hours. 95- 575 x, ukaa� X. AWARD OF AGREEMENT CONSULTANT warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay, paid, or agreed to pay any person employed by CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. XI.' CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. XII. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and authorized assign. XIII. INDEMNIFICATION CONSULTANT shall pay on behalf of, indemnify and save CITY and its officials harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of CONSULTANT's performance under the provisions of the Agreement, including all acts or omissions to act on the part of CONSULTANT, including any person performing under this Agreement for or on CONSULTANT's behalf, provided that any such claims, liabilities, losses and causes of such action are attributable to the negligence or willful misconduct of CONSULTANT, and, from and `against any orders, judgments or decrees which may be entered and which may result from CONSULTANT's negligence or willful misconduct under this Agreement, , and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. XM CONFLICT OF INTEREST CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, in the work product of this Agreement. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part 95— �r of CONSULTANT or its employees must be disclosed in writing to CITY. CONSULTANT, in- the performance of this Agreement, shall be subject to the more I estrictive law and/or guidelines regarding conflict of interest promulgated by federal, 'state or local government: CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11:1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. XV. INDEPENDENT CONTRACTOR CONSULTANT, and its employees, SUBCONSULTANTS, and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Services or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; furthermore, its agents or employees shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XV1. TERMINATION OF AGREEMENT CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Section H hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum of the premium for policies procured and accepted by the CITY. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, CITY shall in no way be obligated and shall not pay to the CONSULTANT any further sum whatsoever and shall, upon request, be reimbursed for any past payments. It is further understood that should CONSULTANT fail to perform any of the services under this Agreement, CITY agrees that CONSULTANT's entire liability and CITY's sole and exclusive remedy for claims in connection with or arising of the form of action, shall be CITY's premiums for policies purchased, which premiums were received by CONSULTANT. a/ dwi tXAl XVII. NONDISCRIMINATION CONSULTANT agrees that it shall not discriminate as to race, sex, color, religion, age, national origin, marital status, or handicap, in connection with its l performance under this Agreement. I ' i XVM. MINORITY PROCUREMENT COMPLIANCE CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, as amended by Ordinance No. 10538, the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto: XIX. CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XX. DEFAULT PROVISION In the event that CONSULTANT shall fail to comply with each and every term 1 and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option and upon written notice to ! CONSULTANT, may cancel and terminate this Agreement, and all payments, advances, i or other compensation paid to CONSULTANT by CITY, if any, while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY provided CONSULTANT was given written notice of such default and the opportunity to cure the same, but failed to do so. XXI. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the partieshereto relating to said services and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. r 95- 5'75 qiw a1�x33Pr a�E XXII. AMMNDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. CITY OF MIAMI a municipal corporation of the State of ATTEST: Florida:— By: MATTY HIRAI CESAR H. ODIO CITY CLERK CITY MANAGER WITNESS: CONSULTANT: ARTHUR J. GALLAGHER TONY ABELLA, JR., ARM Division Vice -President APPROVED AS TO LEGAL FORM AND CORRECTNESS: A. QUINN JONES, I1 CITY ATTORNEY • ,ll,'tii���M CITY OF MIAMI, FLORIDA DEFERRED INTER -OFFICE MEMORANDUM 95 TO : Honorable Mayor & Members DATE : JU�1` I y� FILE � 2 � ace of the City Commission SUBJECT : Resolution of Protest, Insurance Broker Services FROM : REFERENCES: Cesa o City ger ENCLOSURES: BCOMMENDA= It is respectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement' Officer's decision to reject the protest of Beltran, Alexander & Alexander, in connection with RFP 93-94-166 for insurance broker services. BACKGROUND On July 1, 1994, the City of Miami solicited proposals through Request for Proposals (RFP) 93-94-166, to provide insurance broker services. By letter on March 30, 1995, Beltran, Alexander & Alexander protested the City's determination to recommend that a contract be awarded to the higher ranked proposal from Arthur J. Gallagher. Pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer met with City staff, duly investigated the matter, and determined that the protest lacked merit, as detailed in the attached letter. It is, therefore, recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject the protest of Beltran, Alexander & Alexander Enc.